TERMS AND CONDITIONS OF SALES AND SERVICE
All persons bidding In-person, absentee, telephone bidding, or electronic format are responsible for reading, understanding, and complying with the terms of the sale as specified herein and agree to be bound thereby.
Upon registering and participating in the auction in any way or making a bid to the auctioneer, buyers agree and accept the following terms and conditions whether or not they have read said Terms and Conditions. If you do not accept any part thereof, do not bid. The terms in writing contained herein are subject to change without notice and the bidder agrees that the most recently published Terms and Conditions of Sales and Service as published or amended on the website at the beginning of the auction shall apply.
Bids are final and constitute a binding contract. Any right of Bidder under this agreement is not assignable. The rights and obligations of the parties shall be governed by the laws of the state of Georgia. All Bidders submit to the personal jurisdiction of the state and federal courts in Laurens County, Georgia.
Registration: Bidders must be registered buyers with Montrose Auction, Inc. No other forms of electronic bidding are accepted. Each registered bidder is solely responsible for the use of his/her bidder number, and any use by another person is presumed to be with the consent of and contractually binding on the registered bidder. The bidder warrants that he/she is at least 18 years of age to purchase long guns or 21 years of age to purchase handguns.
Local Laws: It is the buyer’s responsibility to know your local laws. States may limit, ban, or outlaw several types of items. Know the rules before bidding. Bidders should be familiar with their Country, State, and Local firearms laws and regulations. Montrose Auction, Inc. is not responsible for items purchased that are not authorized in the buyer’s County or State of residence. If you are unable to import, purchase, or own a firearm according to your residency laws, do not bid on these items. If you are the winning bidder on a lot that you cannot legally own or accept delivery of, the buyer is obligated to pay for the said lot. Items that are unable to ship due to restrictions, will be resold. See Abandoned Items section.
Buyer's Premium: Every lot sold by Montrose Auction Inc. regardless of the final price, is subject to a buyer's premium, which must be paid by the buyer. The buyer's premium is 18%
Payment: The credit card on file, provided by the buyer upon registration will be charged within 24 hours after the auction closes.
Cash Settlement Discount – Montrose Auction, Inc. will extend a courtesy 3% Discount on the Buyer’s Premium for buyers who wish to pay with cash. Acceptable forms of cash settlement include cash, check, bank or postal money order, cashier’s check, or wire transfer. The winning bidder must request via email the 3% discount immediately following the conclusion of the auction. Acceptable forms of cash settlement include cash, check, bank or postal money order, cashier’s check, or wire transfer.
Limited Guarantee: Montrose Auctions, Inc. makes every effort to accurately describe all items offered in its auctions. The descriptions carry a limited guarantee. It is a guarantee to protect you against major discrepancies that would have a major effect on the value of the item. Under no circumstances do we guarantee against anything less than a major discrepancy that would have less than a major effect upon value; i.e. misidentifying a firearm’s manufacturer or model. This limited guarantee covers authenticity, major restoration or repair not described, counterfeits, reproductions, or major fabrications not disclosed in the description, up to the cost of the item paid by the buyer and not the prospective or future market value. The guarantee is limited to the information specifically stated in the Lead Title Description and not information perceived or implied. A buyer will have 14 days from the date of the sale to file a written claim with Montrose Auction, Inc. A buyer’s delay to satisfy all requirements for shipping or pick up does not modify the allotted time period.
Condition & Description: The condition of the items being offered can vary. The buyer understands and agrees:
1) The property/merchandise description is solely for identification and does not create any warranty, expressed or implied, or that the property/merchandise conforms to such description except for those described under the Limited Guarantee.
2) Weights, measurements, values, and descriptions must be considered approximations or estimations and do not create any warranty, expressed or implied.
3) The property/merchandise is purchased 'AS IS', 'WHERE IS', and 'WITH ALL FAULTS'. Montrose Auction Inc. makes no warranties or guarantees whatsoever whether written, oral, or implied as to the quality, quantity, condition, usability, salability, weight, measurement, mechanical condition, performance, or other specifications.
4) Montrose Auction, Inc. will not be held responsible for typographical errors in the description.
Protected Species Products: Protected Species Products are any lot item(s) made from or containing elements of a protected species younger than 100 years old from the current year. These items may have import/export restrictions established by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITIES), Marine Mammals Protection Act (MMPA), or Endangered Species Act (ESA) and may be subject to confiscation. Bidder acknowledges the restrictions imposed on these items and takes full responsibility to research and satisfy any requirement that may be imposed before bidding. The bidder is responsible for obtaining and paying for any license or permits relevant to the delivery of the item(s).
Montrose Auction, Inc. does not accept responsibility or liability for the sale of items that may contain elements of a protected species or for the omission in marking or describing goods as containing materials from protected species. Such materials include, but are not limited to, ivory from elephants and walruses, tortoiseshell, crocodile skin, whalebone, rhinoceros horn, some species of coral, and certain woods.
The inability of the bidder to obtain the required permits or licenses does not constitute a basis for the cancellation of the sale.
Grading Scale: Montrose Auction, Inc. follows the NRA Grading Definition Standards on Modern and Antique Firearms descriptions.
Inspection: All items are sold 'As Is - Where Is'. Montrose Auction, Inc. does not warrant whatsoever the operation, firing condition, or safety of any of the items. Bidders are urged to inspect property/merchandise before bidding. A bidder’s failure to inspect shall not constitute cause for cancellation of the sale. It is recommended that all weapons purchased at auction be inspected by a competent gunsmith before firing. All lots are available for public preview and inspection before the auction as scheduled or by appointment.
Addition or Deletion From Sale: Montrose Auction Inc. reserves the right to withdraw from sale, add to any auction items not previously listed, group, and/or subdivide any lotted items, for any reason, at any time, in any given auction without providing prior notice. This includes live and/or auctions currently in process.
Announcements: Announcements may be made on the day of the sale to clarify or correct catalog descriptions or other information specific to a lot or individual property/merchandise item. These announcements take precedence over the catalog information pertinent to the property/merchandise but, do not alter in any way these basic terms and conditions of sale.
Bidding: Montrose Auction may auction items also referred to as property/merchandise interchangeably, at a rate of 140+ lots per hour. Periodically, the internet applet or the internet connection may not keep pace with the auction. We recommend that you place a realistic absentee bid ahead of time to help in these instances. The auctioneer may reject an online bid or may reopen a lot after the close of online bidding. By bidding via electronic format, the Bidder agrees that the auctioneer shall have the final say in all disputes including, but not limited to tie bids.
This is an open and progressive, (Live) voice auction. It is the Bidder's responsibility to pay attention to items being offered for sale and to bid on items in which he/she has intended to.
When possible, items are sold in the sequence listed in the auction catalog or by random selection by the auction staff.
Bidders are responsible to ensure that the auction catalog description and/or announced description of any item they intend to purchase matches the property/merchandise inspected. The sale of property/merchandise will not be canceled due to bidder misunderstanding or failure to pay attention to the bidding.
Montrose Auction, Inc. reserves the right to accept or reject any bids. Bidding increments shall be at the auctioneer's sole discretion. The highest bidder acknowledged by the Auctioneer shall become the winning bidder and owner upon the fall of the hammer. The auctioneer shall have the final say in all disputes including, but not limited to, tie bids. The auctioneer may at his/her discretion, re-offer the lot to determine the high bidder.
Bidder Agent: Bidders may elect to assign an independent agent to bid in person on your behalf. All agents must
1) Firearm Bids: Agents bidding on Firearms on behalf of a bidder, who intend to take delivery of a winning lot must be a Licensed Federal Firearms Dealer. All other agents are permitted to inspect, bid, and provide payment on behalf of the Bidder (i.e. a Bidder’s check). The Bidder is required to personally pick up their firearm or have it delivered to the FFL of their choice.
2) Non-Firearm Bids: Bids for Non-Firearm lots can be placed by an Agent accompanied by a signed Agent Agreement / Letter.
Collusion: Practices that eliminate competition, such as collusive bidding, fictitious bidding, pooling, or conspiring to make a bid by acting as a 'Capper', 'Booster', or 'Shiller' may result in criminal penalties under the Sherman Anti-Trust Act.
Consignor Bidding: Consignors are not allowed to bid on their own property/merchandise or have an agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor.
Reserves: Montrose Auction Inc. generally accepts property/merchandise with no reserves. Montrose Auction Inc. will, from time to time, accept items with confidential reserves. This is the minimum price that the consignor will accept for the lot. All reserves are set at or below fair market value. Montrose Auction Inc. will not accept a reserve that exceeds what our extensive experience indicates is the fair market value for a lot. The opening bid for reserve lots shall be at or above the reserve price.
Financial Interest in Property: Montrose Auction, Inc. has a financial interest in all items offered for sale by way of Seller Commission and Buyer Premium. From time to time a conflict of interest may arise due to item ownership interest by Montrose Auction, Inc.
Firearm Sales: Montrose Auction is a federally-licensed firearms dealer in the state of Georgia and follows all International, Federal, State, and Local firearms regulations. Bidders should be familiar with their Country, State, and Local firearms laws and regulations. Montrose Auction, Inc. reserves the right to deny the sale of a firearm to any buyer for any reason.
1) Antique – Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.
2) Curio & Relics (C&R) – Firearms manufactured between 1899 up to and including 50 years from the current year.
3) Modern – Firearms manufactured between 50 years from the current year or 1971 thru 2021. All handguns not identified by any other designation shall be interpreted as Modern and will abide by all guidelines established.
4) NFA - National Firearms Act (NFA), Title II (Class III) items commonly available for purchase include select-fire machine guns (“full auto”) manufactured before 19 May 1986 (including certain parts for these firearms), short-barreled rifles, and shotguns, suppressors (“silencers”) and any part comprising a suppressor, and a selection of firearms identified as Any Other Weapons (AOW). So-called “Destructive Devices” are also NFA items, but are not commonly available to purchase. Class III items are NOT illegal. Most individuals who meet the criteria to own a regular firearm also meet the criteria to own a Class III item. ATF’s approval is required on Form 3 or Form 4 with the applicable NFA tax stamp. The buyer is responsible for all costs associated with tax stamps. Depending on the classification, tax stamps can vary from $5.00 to $200.00, see the property/merchandise description for more information. Additional information on Class III items can be found by visiting the ATF’s website https://www.atf.gov/. Montrose Auction Inc. is a Licensed Class III SOT and can perform dealer to dealer Electronic or E-Transfers.
Payment: The successful bidder must pay for the purchase of all lots immediately following the conclusion of the auction. Invoices will be emailed within 24 hours of auction completion. All online purchases must be paid within 10 days. Acceptable forms of payment are Visa, Mastercard, American Express, Discover Card, Wire Transfer, Approved Check, Bank / Postal Money order, Cashier’s Check. Returned checks will incur a $25.00 insufficient funds fee.
Non-paying bidders will be banned from all future auctions and all corresponding lot(s) won will be forfeited.
Sales Tax: Buyers are required to pay all local and Georgia sales tax.
Refunds: ALL SALES ARE FINAL, AND NO REFUNDS WILL BE GIVEN. It is the Bidder’s/Buyer’s responsibility and sole discretion to ask any questions before initiating a bid
Local Pick Up: Montrose Auction, Inc. is located at 1702 2nd Street, Montrose, GA 31065. Local pickup is available Monday thru Friday. 8:00 am to Noon and 1:00 p.m. to 4:00 p.m., excluding all Federal holidays.
1) Non-Dealer Consumers
a. Local Pickup GA Residents - Georgia residents 21 years and older, may take possession of any firearm on the day of sale by completing Form 4473. Georgia residents 18 years and older, may take possession of long guns. A Georgia-issued Conceal Weapons Permit and a valid Georgia Driver’s License are required. If the buyer does not have a Georgia-issued Conceal Weapons Permit or it has expired, a criminal background check using the FBI NICS system will be performed. Most FBI NICS background check approvals are returned within a few minutes, however, approvals could take up to 3 days. If you are denied by the FBI NICS system you will not be able to take possession of any firearm.
b. Local Pickup Non-GA Residents - Non-Georgia residents cannot take possession of a modern handgun. All handguns must be shipped to an FFL Dealer in the buyer’s resident state. Non-Georgia residents 18 years and older, may take possession of any long gun on the day of sale by completing Form 4473. A valid resident State issued Driver’s License is required. All Non-Georgia residents are subject to a criminal background check using the FBI NICS system. Most FBI NICS background check approvals are returned within a few minutes, however, approvals could take up to 3 days. If you are denied by the FBI NICS system you will not be able to take possession of any firearm.
2) Gun Dealers - FFL Licensees may take possession of any firearm on the day of sale when they present a current/active, (not expired) signed copy of their Federal Firearms License.
3) Collectors - Curio and Relic holders may take possession of C&R firearms the day of sale providing the arms purchased meets the federal criteria from the Bureau of Alcohol, Tabacco, Firearms, and Explosives (BATF) for a C&R firearm and they present a current/active (not expired) signed copy of their Curios and Relics Firearms License.
Shipping: All online bidders are responsible for the cost of packing and shipping. Insurance is required for all shipments. All costs will be determined the week following the auction and will be added to the invoice or billed on a separate invoice. Some sizable and specialty care items requiring custom packaging may incur additional handling fees.
Payment is expected upon receipt of the invoice. Orders must be paid in full before shipping. Montrose Auction, Inc. uses a variety of shipping partners to provide the most cost-effective and secure shipment. These include but are not limited to, UPS, FedEx, and/or USPS using Insured-Signature Required.
A current/active(not expired) signed copy of a dealer's Federal Firearms License (FFL) or Curio and Relic (C&R) License is required before firearms will be shipped to any buyer (See Firearms Designations section for a complete description of qualifying firearms for each license). It is the buyer’s responsibility to provide a copy of their preferred FFL or C&R dealer to Montrose Auction, Inc. after each sale. Montrose Auction, Inc. will not assume and/or use a buyer’s previously provided or used FFL or C&R unless the Buyers specifically instructs to do so. FFLs and C&Rs are received via email to firstname.lastname@example.org or by faxing it to 877-373-0634. Please reference the bidder's name and paddle number and/or invoice number on all correspondence.
1) In-house Shipping – Most items are processed in this manner shipping and handling fees apply.
a. Long guns - All long guns will incur a $10 handling charge for each long gun shipped. This includes a box, bubble wrap, and peanut void fill. All packing materials are new from U-line. Up to 6 long guns can be grouped to reduce shipping charges. In addition to the handling fee, the buyer is responsible for actual shipping charges inclusive of insurance, and an adult signature is required.
b. Handguns – All handguns will incur a $7.50 handling charge for the first handgun and $5.00 for each additional handgun shipped. This includes a box, bubble wrap, and peanut void fill. All packing materials are new from U-line. Several handguns can be grouped in a single box without compromising the integrity of the items to reduce shipping charges. In addition to the handling fee, the buyer is responsible for actual shipping charges inclusive of insurance, and an adult signature is required.
c. Accessories and ammo - All accessories and ammunition will incur a $5.00 handling charge with additional items packed at no additional fee for the same shipping box. Each additional shipping box is required to maintain the integrity of the items will incur an additional $5.00 fee. This includes a box, bubble wrap, and peanut void fill. All packing materials are new from U-line. Several accessories and/or ammo can be grouped in a single box without compromising the integrity of the items to reduce shipping charges. In addition to the handling fee, the buyer is responsible for actual shipping charges inclusive of insurance, and an adult signature is required.
2) Outsourced Shipping (larger items and special care packing) - All online bidders are responsible for the cost & arrangement of outsourced shipping for oversized and special care items. The responsibility of packing and shipping sizable items lies solely with the winning bidder. Buyers of sizable items are required to pay for the item within 5 days of the sale, regardless of shipping or pick-up issues. All sales are final. Items may be picked up in person by the shipping company at the auction house by appointment.
3) International Shipping: Prospective bidders intending to import/export winning lots into another country should be familiar with the relevant customs laws and regulations before bidding on said lots. Montrose Auction, Inc. does not export firearms directly. A third-party exporter with a valid Federal Firearms License located within the U.S. is required.
4) Fragile Items: Some items may be considered fragile and are not eligible for shipping. Lots with items too fragile to ship are marked as “Local Pick Up Only.” These may include but are not limited to artwork, glass display items affected by moisture. The buyer is responsible for picking up the item(s) from our office. If a buyer is insistent on having an item classified as “fragile or Local Pick Up Only” shipped, they may arrange for Outsourced Shipping or assume any additional costs associated with packing for such an item and all responsibility for any damage that may occur during transport.
Removal: All personal property/merchandise must be paid for in full before removal. ALL PROPERTY must be removed within 7 days. If merchandise cannot be removed, arrangements with auction staff must be made for storage or shipping. The buyer is responsible for all storage and shipping costs.
Abandoned Items: Any items purchased and not removed within 90 days are considered abandoned by the current owner. Montrose Auction, Inc. will make every effort to deliver the item to the current owner. All abandoned items will be sold at fair market value during a subsequent auction. The current owner is responsible to pay Montrose Auction, Inc. all commissions due for the sale of the abandoned item. Any storage fees incurred during the 90 day courtesy holding period will be deducted from the current owner’s/seller’s proceeds. Any current owner/seller proceeds remaining, if any, will be delivered to the last address known on file.
Default: Failure to make required payments or effect removal of property/merchandise within time and manner specified shall be deemed forfeiture of any right, title, and interest bidder may have acquired, and the property/merchandise shall revert and repossess to Montrose Auction Inc.
Disputes and Arbitration: Bidder/Buyer and Montrose Auction, Inc. consent to the resolution of any disputes by binding arbitration of all claims which may arise from the sale of an auctioned item.